A weak teacher discipline bill better than nothing at all: Editorial

A year ago, Assemblywoman Joan Buchanan helped kill a bill that would have improved the Byzantine discipline process for teachers accused of sex, violence or drug offenses involving children, allowing districts to fire abusive teachers quicker.

The Bay Area Democrat objected to the piecemeal approach, saying she wanted to revamp the entire teacher discipline process.

What we got this year was AB 375, a bill that, like last year’s legislation, makes changes to the process — some good, some bad — but falls short of the overhaul that had been promised. Still, it is a step in the right direction.

The bill, which appeared dead in July, was resurrected days before the end of the legislative session with last-minute amendments that were never vetted. It was yet another example of the ugly legislative process that our state lawmakers perpetuate. Critics say that the teachers union hijacked this bill. That may be true, but it’s better than what we have now and Gov. Jerry Brown should sign the bill. Classrooms would not be rapidly purged of incompetent or abusive teachers as a result. But the process should be speeded up with some significant improvements.

The number of notifications required before a district could initiate disciplinary hearing proceedings would be shortened. Most cases would be resolved within seven months of launching the proceedings.

The number of depositions would be restricted. But districts usually would not be able to raise new allegations they learn about within 90 days of the disciplinary hearings.

For sex and violence cases involving children, districts would finally be able to use related evidence that’s more than four years old. Abusive teachers would no longer be shielded during the summer from initiation of discipline proceedings.

However, one of the biggest shortcomings of the bill is its perpetuation of the three-person hearing panel that includes an administrative law judge and two teachers. It’s a ridiculous requirement. These cases should be heard solely by administrative law judges, like most public employee labor hearings. Now the bill would make the process more burdensome, requiring the selection of the two teachers 45 days before the hearings.

In sum, this bill is a start. It doesn’t go nearly as far as it should. But the changes are worth testing.